Multiple NYPD Officers Arrest Disabled Woman in Wheelchair Over Vaccine Card at Brooklyn Restaurant

Brooklyn, NY On January 19, 2022, Naomi Rosenberg, 34, a disabled woman using a wheelchair, was arrested by several New York City Police Department (NYPD) officers at a Burger King in Brooklyn after she reportedly refused to show proof of COVID-19 vaccination and subsequently declined to leave the establishment. The incident, captured on video and widely circulated on social media, reignited public debate over the city's "Key to NYC" vaccine mandate and its enforcement.

According to reports, Burger King employees called the police after Ms. Rosenberg attempted to dine indoors without presenting the required vaccine card. Upon arrival, officers were informed of the situation and, following Ms. Rosenberg's refusal to comply with the city mandate or vacate the premises, proceeded with her arrest. The NYPD later stated that officers were responding to a call for a disorderly person and that Ms. Rosenberg was arrested for trespassing. She was issued a summons and released.

The "Key to NYC" program, implemented in August 2021 by then-Mayor Bill de Blasio, mandated proof of COVID-19 vaccination for individuals aged 12 and older to enter indoor dining, entertainment, and fitness venues. The policy aimed to curb the spread of the virus and encourage vaccination among residents. Enforcement of the mandate began in September 2021, with city agencies inspecting compliance and issuing fines for violations.

The incident involving Ms. Rosenberg drew significant public outcry and condemnation from civil liberties advocates. Critics argued that the NYPD's response was heavy-handed, particularly given Ms. Rosenberg's disability, and questioned the broader implications of such strict enforcement on individual freedoms and marginalized communities. Many social media users expressed outrage at the scene, echoing sentiments shared in the original tweet: "This is beyond disgusting. Arresting a disabled woman for wanting to eat? Shame on the NYPD."

While the "Key to NYC" program included provisions for businesses to consider "reasonable accommodations" for patrons with disabilities, official guidance indicated that allowing unvaccinated individuals into indoor dining settings could pose a "direct threat" or "undue hardship." The incident highlighted the complexities and tensions arising from the mandate, especially concerning how accommodations for disabled individuals were interpreted and applied in practice. New York City's vaccine mandate for indoor dining was ultimately lifted by Mayor Eric Adams on March 7, 2022, just weeks after Ms. Rosenberg's arrest.